Datapack's Terms of Use

Datapack's Terms of Use

The General Center for Internet Services Inc. (GCIS), a federally incorporated Quebec corporation, doing business under the name of Datapack Hosting, (from herein referred to as 'Datapack Hosting') furnishes to the Customer, this Web hosting service, conditional to this Customer Terms of Use.

This agreement represents the complete agreement and understanding between Datapack Hosting and the account holder (hereinafter called the Customer) and supersedes any other written or oral agreement. Upon notice published online via the Datapack Hosting website, Datapack Hosting may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered. It is of the full responsibility of the Customer to stay current with any changes or conditions set forth in this Terms of Use agreement.

IMPORTANT: USE OF YOUR WEB HOSTING ACCOUNT WITH DATAPACK HOSTING CONSTITUTES YOUR FULL APPROVAL OF THESE TERMS AND CONDITIONS AND SIGNIFIES THAT YOU ARE IN FULL AGREEMENT WITH ALL RULES AND REGULATIONS SET FORTH IN THIS TERMS OF USE AGREEMENT.

1. DATAPACK HOSTING HAS A ZERO-TOLERANCE POLICY TO ANY FORM OF SPAM. ANY DATAPACK CUSTOMER THAT SENDS SPAM EITHER BY EMAIL OR BY ANY OTHER MEANS WILL HAVE HIS ACCOUNT CLOSED PERMANENTLY AND NO REFUND WILL BE ISSUED. Spamming is defined by Datapack Hosting as sending 100 or more emails a day from the same email address. If an Datapack customer wishes to send e-mails to selected prospective customers, he can provided he or she uses compatible permission-based email software. Only use this approved link for that purpose and we will accept your email campaigns without any problems. Furthermore, if a prospective customer elects to cancel the sending of any emails in the future, an Datapack client will have to abide by that and stop sending emails to that person immediately. For more information on permission-based email marketing and it's added benefits, please click here.

2. Datapack Hosting makes no warranties of any kind, whether expressed or implied, for the service it is providing. Datapack Hosting also disclaims any warranty of merchantability or fitness for a particular purpose. Datapack Hosting will not be responsible for any damages, directly or indirectly that the customer could suffer in the case of any outage. This includes, but is not limited to, loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties or power disturbances.

3. Services provided to the Customer by Datapack Hosting may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any U.S. Federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. Datapack Hosting reserves the right to completely shutdown a website, or to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.

4. Customer agrees to defend, hold harmless and expeditiously indemnify Datapack Hosting from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any covenant contained in this Policy and resulting from the Customer's use of the service.

5. Datapack Hosting accounts cannot be transferred or used by anyone other than the subscriber. Customers may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this Policy, except in the case of Datapack's virtual servers or dedicated servers. Customer may allow FTP access to Datapack Hosting's servers and host websites for its customers without violating this Policy, provided Customer only uses it's designated allocated hosting areas and the conditions that apply to that Customer under the plan he or she has selected.

6. Datapack Hosting reserves the right to cancel any service for any reason without prior notice. In case of cancellation, unused fees may be returned to the subscriber on a pro-rata basis. Fees for setup and the first month's service are not refundable. If a customer re-registers after Datapack Hosting's cancellation of the account without Sun Hosting's written consent, Datapack Hosting will cancel Customer's account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts due will be immediately payable.

7. Setup fees are not refundable under any conditions.

8. At the time of account cancellation, a Cancellation Code will be provided. If accounts are billed in error after the Cancellation date, credits will only be issued with a valid Datapack Hosting Cancellation Code. If cancellation is done in writing, it will be the responsibility of the Customer to contact Datapack Hosting for the Cancellation Code.

9. Additionally, CUSTOMER agrees not to utilize any of Datapack Hosting's Web hosting services, equipment or email addresses once account has been cancelled.

10. Customer agrees not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "spamware") and services which send unsolicited advertisements.

11. Datapack Hosting requires that its agreements be made with a person who is qualified to contract. As such, Customer or subscriber must be over the age of eighteen (18) years, or must be of legal age in his or her country of residence. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. Datapack Hosting cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age, or of legal age in their country of residence.

12. Customer shall ensure that its use of Datapack Hosting's network services shall not disrupt Datapack Hosting, its associated networks or equipment forming part of the systems. In instances in which an excessive amount of system resources are utilized by a subscriber, Datapack Hosting reserves the right to place CPU process limits on the Customer's account or any other necessary means to prevent disruption of service to other customers. Customers shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any Datapack Hosting user or to any directly or indirectly attached network. Use of Datapack Hosting's connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by Datapack Hosting shall be considered a breach of this Policy and may result in the complete cancellation of service. This prohibition extends to sending of unsolicited mass mailings from another service which in any way implicates the use of Datapack Hosting's services, Datapack Hosting's equipment or any site hosted on any Datapack Hosting's family of networks located all over the world.

13. Customer warrants that any material submitted for publication on Datapack Hosting does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. Datapack Hosting fully reserves the right to remove any and all materials which infringe on any copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.

14. If Datapack Hosting becomes aware of material that could be infringing on a third party's copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the Complainant must submit at least two items. First, Complainant must submit a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the Customer's materials. Second, Complainant must offer a good faith certification signed under penalty of perjury. This certification must state that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible. With this information in-hand, Datapack Hosting, at its discretion, may, at any time deny access to the challenged material of Customer.

15. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.

16. For all new domains purchased at www.datapack.org, there is a yearly non-refundable registration fee. View pricing details on the www.datapack.org website for more information. It is the customer's responsibility to ensure that any of his or her's domain names are valid and to ensure they are renewed on time to avoid any temporary or permanent loss of service.

17. Use of Datapack Hosting's services could involve listing subscriber's participation in relevant directories, and subscriber expressly grants permission for such listings.

18. Although all hosting plans permit unlimited data transfer, each plan is subject to a surcharge in the event usage exceeds the allotted free bandwidth for that plan. Customer is responsible for charges related to bandwidth exceeding the plan's allotted data transfer.

19. Digital Millenium Copyright Act: If you believe that your work has been copied in a way that constitutes copyright infringement by a Datapack Hosting customer ("the Customer"), you ("the Complaining Party") must first provide Datapack Hosting’s Copyright Agent with the following information in writing ("the Notification"):

(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;

(2) A description of the copyrighted work that you claim has been infringed; if multiple copyrighted works at a single site are covered by a single notification, then include a representative list of such works at that site;

(3) A description of where the material that you claim is infringing is located on the site sufficient to permit us to locate the allegedly infringing material;

(4) Your physical address, telephone number, and email address;

(5) A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Datapack Hosting's Copyright Agent for Notice of claims of copyright infringement on its site is George Baker, who can be reached as follows: gbaker at avantex dot org

Once we have received your email complaint, we will notify you of the correct procedure thereafter to successfully pursue the matter.

Once you have correctly satisfied our Copyright Protection Policies, Datapack Hosting will:

(1) Remove or disable access to the material that is alleged to be infringing;

(2) Forward the written notification to the alleged infringer ("the Customer");

(3) Take reasonable steps to promptly notify the Customer that it has removed or disabled access to the material.

In response, the Customer may send a "Counter-Notification" to Datapack Hosting. To be effective, the Counter-Notification must be in writing and include the following information:

(1) The Customer’s physical or electronic signature;

(2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(3) A statement under penalty of perjury that the Customer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;

(4) The Customer’s name, address, and telephone number, and a statement that the Customer consents to the jurisdiction of the Federal District Court in which the address is located, or if the Customer is outside the United States, for any judicial district in which Datapack Hosting may be found, and that the Customer will accept service of process from the person or his agent who provided the original Notification.

Upon receipt of the written Counter-Notification containing the above information by the Customer, and only upon receiving such Counter-Notification, Datapack Hosting will:

(1) Provide the Complaining Party with a copy of the Counter-Notification;

(2) Inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;

(3) Replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided Datapack Hosting’s Copyright Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Customer from engaging in infringing activity relating to the material referenced in the Notification.

20. Any party seeking to report any other potential violations of this Agreement may contact Datapack Hosting via email at gbaker at Datapack dot org.

21. Transferring your domain to another provider does NOT constitute canceling your Datapack Hosting account. You must notify Datapack Hosting with a minimum 30-day written and signed notice to formally cancel your account with Datapack Hosting to avoid further charges. Additionally, all cancellation emails must come specifically from the Customer's domain email address such as customersname@hisdomain.com. No cancellation emails coming from a Hotmail, Yahoo, GMail or such similar email addresses will be accepted.

22. On occasion, Datapack Hosting may have a need to communicate with its customers through email issues related to billing, as well as changes, additions and modifications to the network. It is the responsibility of the customer to check email sent to the primary login email address on the account.

23. It is the responsibility of the customer to contact Datapack Hosting of any changes to their account, such as phone number, address, credit card information, etc. Customers will be required to provide verification for security purposes authorizing them to make any changes to that account.

24. As/of April 11, 2007, Datapack Hosting fully prohibits any CGI-bin access on all its Windows virtual servers and on all its standard Windows hosting accounts, with the exception of a fully dedicated Windows server rented monthly by one of its direct end-user and that the end-user is fully responsible for. On Datapack's Linux servers, Customers of Datapack Hosting will be fully responsible for any CGI, PHP, ASP, Java, Perl or any other script or similar scripting program or software that the customer wishes to have Datapack Hosting install on its servers. Additionally, Datapack Hosting will refuse installation and access to such scripts or programs, unless they have been fully examined and verified by a qualified Datapack Hosting technician, and that such scripts or programs have been confirmed safe by Datapack Hosting to install on its servers. Such a verification and approval process costs $ 50.00 plus applicable provincial taxes and GST, and the customer needs to pay Datapack Hosting in advance for this necessary service. It is also the responsibility of the customer to ensure that any scripts or scripting programs are free of any breach of security defects and that they remain in good operating condition at all times. Any scripts or any scripting programs that are deemed vulnerable to a security breach or exploit will be immediately removed and all CGI or script access will be removed and a notification email will be sent to the customer. Once the customer has remedied and repaired the defective script or scripting program in cause, Datapack Hosting will have to re-examine said script, and there will be a $ 50.00 verification fee, plus applicable taxes for the service. The customer or his Web designer are responsible for the proper operation of any scripts or scripting programs at all times.

25. Customers don't have permission to install any programs or scripts that could cause Datapack's servers or its network to slow down or to negatively affect the normal day-to-day operation of other Customer's sites or applications. If Datapack becomes aware of such programs or scripts, at its sole discretion, it will have the right to either remove or to disable them temporarily or permanently.

26. Customers don't have permission to directly install any MySQL, MS SQL Server, Cold Fusion, PostGre, Access or any other type of database installation. If the customer wishes to have a standard database installed on any of Datapack Hosting's servers, he will ask Datapack to install it for him. If there is a charge to install such a database, Datapack will advise the Customer prior to the installation.

27. Datapack Hosting's Web hosting services are recognized as being of the highest quality there is, and its servers are of the highest quality and capacity available, as far as the current state of modern Internet technology today is concerned. There shall be no refunds, either partial or complete for any lack of experience in how to build a website, how to program, how to build Web pages and for any lack of knowledge on the part of the site owner. It is always of the client's responsability to fully ensure that he or she has the necessary knowledge, experience and the right tools to design and maintain a website at all times.

28. Without ANY exceptions, all of Datapack's customers are always responsible at all times for maintaining and performing all neccessary backups of all their files, be it HTML files, ASP, PHP, Java files, MySQL or SQL Server or any other data files used in any Internet application, be it a Web site, a blog, an Internet portal, an intranet, extranet, eCommerce storefront and any such similar Web application. If Customer needs additional space for his backups, Datapack Hosting can offer that optional service for an additional monthly fee, provided the backup space is located on another server and in another of Datapack Hosting's data centers.

29. On all reseller packages and all virtual server packages, there will be a penalty of two month's worth if any accounts are cancelled and a refund is asked to offset configuration and setup time Datapack had to incur. Refunds can only be issued with a check and not by PayPal.

30. It is strictly forbidden to post, write or display any messages of hate or to display cartoons, photos or images that may be offending to specific groups, religions, nationalities or beliefs. If Datapack Hosting encounters such violations it will immediately and PERMANENTLY disable any accounts and without any warning. There is never any refunds in any of these cases.

31. Customer is forbidden of giving his Plesk or cPanel control panel User ID or Password to his clients, his suppliers, or anybody that works outside his own premises for any reason. Customer is fully liable for any damages, downtime, repairs or replacement of any of Datapack's servers, network equipment or any other apparatus if there should be a breach of security caused by giving unauthorized people access to the Customer's control panel.

32. Use of so-called "Catch All" features on any email address hosted on Datapack's servers is prohibited, since this would violate our Anti-Spam regulations set forth in Article 1.

33. When a Customer registers a domain name through Datapack Hosting but that his domain isn't hosted on Datapack's servers, there will be a one-time charge of $25 plus applicable taxes each time the Customer asks Datapack to change either the DNS settings and/or the IP address of any domain.

34. Customer will completely exonerate Datapack Hosting of any possible legal or court fines to any violations perpetrated by any action taken by the customer. If a court levies or charges a fine to Datapack Hosting for any customer misconduct or in violation to this Terms of Use, Datapack Hosting will automatically countersue the customer for the full amount of the fine, all related court costs, all related attorney costs, all related travel costs, plus the expenses it has encurred in relation to such fines and to defend itself.

35. All Linux and Windows servers owned and operated by Datapack all run standard industry-wide technology and are able to successfully run any standard application as such. However, Datapack Hosting cannot and will not refund a Customer under its 30-day satisfaction guarantee if the Customer cannot make his or her web site or websites run successfully on Datapack's servers if it implies proprietary technology that was designed to run on a server that isn't owned by Datapack, or if it was designed to work on a server that was used elsewhere with that proprietary technology. The same applies if the Customer dosen't have the necessary knowledge or experience to build his website, in which case he is recommended to hire a professional website designer.

36. Customer cannot share or divulge in any way his account User ID or Password. All Datapack Hosting accounts cannot be shared or transferred in any way without Datapack's written authorization. If Customer needs to send any part of his hosting account information, User ID or Password to his Web developer, programmer, SEO firm or webmaster or any other third party, he must first email a written request to Datapack, at which time Datapack will send an authorization form directly to the third party. Once that third party has satisfied Datapack's Terms of Use, an encrypted, password-protected email will be sent to the third party, authorizing them for their exclusive use of the Customer's account credentials. The third party will BE BOUND BY THE SAME TERMS OF USE AS THE CUSTOMER AND THE CUSTOMER WILL BE FULLY RESPONSIBLE FOR ANY THIRD PARTY MISUSE OR ABUSE OF Datapack PROPERTY AND/OR NETWORK INSTALLATIONS.

37. Unless agreed upon otherwise with Datapack's management, Customer agrees that there will be a $25 administration fee to downgrade any hosting plan to a lower plan. There are no fees to upgrade from a lower to a higher plan.

38. Unless otherwise stated by Datapack Hosting, all domain names are renewed every year automatically by our domain registrar. Datapack Hosting always sends a renewal notice via PayPal at least 30 days or more prior to the domain's renewal and at the email address we had on file the same day the Customer opened his Datapack Hosting account. It is always the responsability of the Customer to make sure his domain name is renewed on time. Datapack Hosting will only send a maximum of three (3) domain renewal notices via the PayPal payment request system. If payment isn't received by Datapack Hosting ten (10) days after the third payment request has been sent, in order to guarantee payment, Datapack Hosting will replace the DNS settings on the affected domain for as long as the non-payment condition is in effect. After such action, the Customer's website and all his email addresses will cease to operate normally. Datapack Hosting will then send a notification notice to the Customer, with an explanation on how to take corrective action. Furthermore, on top of the regular $19.95 annual renewal fee, Datapack Hosting will impose a $20 DNS re-initializing fee payable by the Customer, if the Customer isn't hosted on Datapack Hosting's servers anymore. If the Customer is hosted by Datapack Hosting, the $20 re-initialization fee will be waived. All domain renewals are subject to applicable taxes in the province or territory where the Customer resides.

The management of Datapack Hosting.